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2026 Supreme(Online)(Ker) 20498

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
ADV.GOPAKUMAR N.S. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.D.SREEKUMAR, SMT.RESHMA SHAJI
For the Respondents: SMT.M.U. VIJAYALAKSHMI, SRI.PREMCHAND R. NAIR, SENIOR GOVERNMENT PLEADER

Table of Content
1. eligibility for salary benefits under specific appointment terms. (Para 1 , 2 , 3)
2. claims for arrears based on prior agreements. (Para 4 , 5 , 6)
3. modification of pay scales without consent is unlawful. (Para 12 , 13 , 14)
4. court's final decision on the writ petition. (Para 15)

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

The petitioner, who was appointed as Assistant Secretary of the Bar Council of Kerala and retired as Secretary, has filed this writ petition seeking to quash Ext.P11 and to declare that the petitioner is eligible to get the salary benefits of District Judge with admissible DA, CCA and HRA as per Ext.P1 for the period from 01.09.2001 to

14.11.2008 with 9% interest.

2. The petitioner was appointed as Assistant Secretary in the office of the Bar Council of Kerala on

05.10.1998. The appointment was after a due process of selection. When the incumbent Secretary retired on superannuation, the petitioner was appointed as Secretary on 14.01.2000. By Ext.P1 Resolution, the Bar Council of Kerala resolved that the Secretary be paid the scale of a District Judge with admissible DA, HRA and CCA from time to time with effect from 14.01.2000.

3. The petitioner states tha

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